SAMAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner is seeking a writ in the nature of certiorari for quashing of (i) letter dated 18.11.2005 (Annexure P4) vide which he and respondent No. 4 were declared surplus by respondent No. 2, and (ii) letter dated 24.2.2006 (Annexure P7) vide which an offer of appointment was, subsequently, given to him by respondent No. 3.

(2.) Quashing of letter dated 18.11.2005 has been sought on the ground that respondent No. 4 who was junior to the petitioner and had been declared surplus alongwith him, was, later, retained in service. Undisputed facts are that respondent No. 2 declared the petitioner and four other truck drivers as surplus. Particulars of these drivers, alongwith their seniority numbers, as per the seniority list, Annexure P3, are given below: Sr. No. Name/ Designation Seniority No. i) Janeshwar Dass, Truck Driver 6 ii) Bhagwati Parshad, Truck Driver 7 iii) Samar Singh, Truck Driver 8 iv) Ram Kumar, Truck Driver 9 v) Ram Phal, Truck Driver 10

(3.) The truck-driver, Nirmal Singh, who was at Sr. No. 4 in the seniority, had resigned from service with effect from 23.3.2006 i.e. after the petitioner and other four truck-drivers were declared surplus. Resultantly, Janeshwar Dass who was the senior most amongst the drivers declared surplus, was ordered to be retained in service.